Power to conduct search of apprehended subject of questioning warrant
34CC Power to conduct search of apprehended subject of questioning warrant
This section applies if:
a questioning warrant is in force; and
the subject of the warrant is apprehended under this Division in connection with the warrant.
Power to conduct search
A police officer may conduct an ordinary search or a frisk search of the subject at any time during the period:
beginning when the subject is apprehended; and
ending when the subject appears before a prescribed authority for questioning under the warrant.
An ordinary search or a frisk search of the subject must, if practicable, be conducted by a police officer of the same sex as the subject.
Records or other things found during search
If:
a record or other thing is found during a search of the subject of a questioning warrant under this section; and
the record or other thing is:
a seizable item; or
a communication device;
the record or other thing may be seized under this subsection by the police officer conducting the search.
If:
a record or other thing is found during a search of the subject of a questioning warrant under this section; and
the police officer conducting the search reasonably believes that the record or other thing is relevant to the collection of intelligence that is important in relation to:
if the warrant is an adult questioning warrant—an adult questioning matter; or
if the warrant is a minor questioning warrant—a minor questioning matter; and
the warrant authorises the seizure of such a record or other thing;
the record or other thing may be seized under this subsection by the officer.
Despite subsection (4), a seizable item or a communication device is taken to have been seized under subsection (5) if:
the item or device is found during a search of the subject of a questioning warrant under this section; and
the item or device is seized by the police officer conducting the search; and
the requirements of paragraphs (5)(b) and (c) are met in relation to the item or device.
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